Lien Sales
Mechanical liens are a type of lien that can be placed on a vehicle when repairs, or maintenance services have been performed but payment has not been made. It is also for unpaid storage at storage facilities, repair shops, tow yards or mechanics. In California, the DMV governs the process for enforcing these liens and conducting lien sales. The lien gives the repair shop or storage facility the legal right to retain possession of the vehicle until payment is made or to sell the vehicle to recoup the costs of the unpaid services.
In California, the process for enforcing a mechanical lien involves giving notice to the owner of the vehicle and any other interested parties, such as lienholders or insurance companies. The notice must include information about the lien, the amount owed, and the deadline for payment. If payment is not made by the deadline, the repair shop may sell the vehicle through a lien sale. The proceeds of the sale are used to pay off the amount owed to the repair shop, and any remaining funds are returned to the owner of the vehicle.
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Frequently Asked Questions & Common Scenarios For Lien Sales
What is a lien holder?
What is a lien sale?
What triggers a lien sale?
What are the different types of lien sales?
2 Short liens or vehicles valued under $4000: this lien sale is for vehicles that are valued under $4000. They usually take 31 days or so to complete and the maximum allowable fee to charge is $70.
3 Long liens or vehicles valued over $4000 or are in a storage facility: this lien sale is for high value vehicles or vehicles that are stored in a storage facility. For storage facilities, the lien sale will be a long lien by default. These lien sales usually go between 60 and 90 days. Also note, the lien sale in essence goes in 2 parts, and is very thorough.
4 Vessel lien sales valued under $1500: this is a boats versions of a “short” lien. The only condition with this one is that you must come in with an appraisal from a vessel dealer confirming tha tit is under $1500 in value.
5 Vessel lien sales valued over $1500: this is a boat’s version of a “long” line. The process for this is around 60 to 90 days and does NOT require an appraisal.
How much does a lien sale costs?
Short lien: $70
Long lien: $100
Note: these fees will vary – there are companies that conduct lien sales at a very high volume, and therefore offer a low rate for their service. In addition, there are other companies that charge their service fee, plus costs associated with the fee, such as postage, an ad that needed to be placed, or other costs that are needed to be paid to conduct the lien sale.
What type of lien sale do I need?
1 - A short lien - the vehicle is valued at $4000 or less
2 - A long lien - the vehicle is valued at $4001 and above
How long does it take to process the lien sale?
2 - Long liens are currently taking 90 to 180 days (this varies on the DMV's workload)
Lien Sale Process - Short Lien vs Long Lien
1 - Short liens take 30 days to process and notifications to the registered owner, legal owners and other interested parties are made through "certificate of mailing" - which sounds like certified mail but is NOT - it's a much cheaper alternative to document mailing a letter out.
2 A long lien is performed on higher value vehicles, and therefore, have more scrutiny & steps. The research portion (determining registered owners and legal owners and other interested parties) is done by the DMV. Furthermore, they also notify these interested parties via certified mail. After that has been completed, the lien holder or agent representing the lien holder notifies the interested parties when and where the vehicle will be up for sale, and finally, an ad must be placed in a newspaper in the same area the vehicle is being sold. The additional cost is largely associated with the extra steps, the cost associated with sending notices via certified mail and the ad that must be placed.
Lien Sale Common Issues & Misconceptions
2 Home mechanics or body shops that are operating without the proper licensing for BAR cannot collect repairs in the lien sale. They are only allowed to charge storage fees.
3 You cannot perform a lien sale on a unit that does not have a VIN – if you cannot locate a VIN it is advisable that you contact a VIN verification company to attempt to locate it. Ultimately, you cannot do a lien sale on a vehicle that does not have a VIN.
4 Dealerships cannot perform lien sales for the purposes of obtaining a title, however, if the vehicle is in their possession due to repairs that were done, that does allow them to perform a lien sale on the vehicle.
5 If a lien sale was conducted on your vehicle, but the lien sale never finalized, there may be a VLT stop on file. To remove it you must have a Vin verification done on your vehicle to confirm that you actually have possession of the vehicle.
6 Per Chapter 18 of the DMV manual, the lien sale process does NOT “erase”, “void”, “waive” any back fees or penalties that were due on the vehicle.
QUICK AUTO TAGS – THE DMV EXPERTS YOU NEED TO GET IT DONE FAST!
Overall, understanding the process for enforcing a mechanical lien in California is important for both repair shops and vehicle owners. For repair shops, it ensures that they are able to recoup the costs of unpaid services. For vehicle owners, it serves as a reminder to pay for services in a timely manner to avoid the potential for a lien sale.
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Quick Auto Tags - Riverside
5586 Mission Blvd Riverside, CA 92509 Tel: 951-409-9091
Quick Auto Tags - La Puente
13732 Amar Rd Ste A La Puente, CA 91746 Tel: 626-205-3959
QUICK AUTO TAGS – THE DMV EXPERTS YOU NEED TO GET IT DONE FAST!
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Quick Auto Tags
Quick Auto Tags
5586 Mission Blvd Ste B
Riverside, CA 92509
Tel: (951)409-9091
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